Prepared By: Randy Jala Lungay, Rcrim
Prepared By: Randy Jala Lungay, Rcrim
CRIME
- conduct that is prohibited and has a specific
punishment (as incarceration or fine) prescribed by public
law.
- an act committed or omitted in violation of public law
forbidding or commanding it.
CAUSATION
- the act or agency which produces an effect.
- it is defined as the actus reus (an action) from which the specific
injury or other effect arose and is combined with mens rea (a state
of mind) to comprise the elements of guilt.
- refer to the relationship between a person‟s actions and the
result of those actions.
CRIME CAUSATION
- deals with different theories and principles that explains how
the internal and external faculties of person affects his actions.
- assume that a criminal‟s behavior is determined
biologically, sociologically, economically, etc.
THEORY
- GK: theoria which means contemplation or speculation
- set of statement that explains behavior, event, or phenomena.
- supposition or a system of ideas intended to explain
something, especially one based on general principles
independent of the thing to be explained.
- Scientifically accepted because of consistency of empirical
facts/relationships
Development of Theory
3 Stages of Theory Development
1. Speculative – Attempts to explain what is
happening
2. Descriptive – Gathers descriptive data t
describe what is really happening
3. Constructive – Revises old theories and
develops new ones based on continuing research
Types of Explanation to the Extent of Criminal Behavior
1. Single/Unitary Theory – Contends that crime is produced by
one factor. It may be biological, sociological, or psychological.
2. Eclectic Theory – That crime stemmed by one or more factors
while in other instances it is caused by another set of factors.
3. Multiple Factor Theory – Views that crime is not a product of a
single cause or factor or combination of several factors.
4. Integrated Theory – A theory that combines two or more
theories to generate a single model or framework.
APPROACHES AND THEORIES OF CRIME
Subjective Approaches
Deals mainly on the on the biological of crimes, focused on the forms
of abnormalities that exist in the individual criminal before, during and after
the commission of the crime. (Tradio, 1999)
Objective Approaches
Deals on the study of groups, social processes and institutions as
influences to behavior. They are primarily derived from social sciences.
SUBJECTIVE APPROACHES
1. Anthropological Approach – the study on the physical
characteristics of an individual offender with non-offenders in the
attempt to discover differences covering criminal behavior.
2. Medical Approach – the application of medical examinations on
the individual criminal. It explain the mental and physical condition
of the individual prior and after the commission of the crime.
3. Biological Approach – the evaluation of genetic influences to
criminal behavior. It is noted that heredity is one force pushing the
criminal to crime.
4. Physiological Approach – the study on the nature of
human being concerning his physical needs in order to
satisfy his wants. It explains that the deprivation of the
physical body on the basic needs is an important
determiner of the commission of crime.
5. Psychological Approach – it is concerned about the
deprivation of the psychological needs of man, which
constitute the development of deviations of normal
behavior resulting to unpleasant emotions.
6. Psychiatric Approach – the explanation of crime
through diagnosis of mental diseases as a cause of the
criminal behavior.
7. Psychoanalytical Approach – the explanation of
crimes based on the Freudan Theory, which traces
behavior as the deviation of the repression of the basic
drives.
OBJECTIVE APPROACHES
1. Geographic Approach – this approach considers
topography, natural resources geographical, location and
climate that lead an individual to commit crime.
2. Ecological Approach – it is concerned with the biotic
grouping of men resulting to migration, competition,
social discrimination, division of labor and social conflict as
factors of crime.
3. Economic Approach – it deals with the explanation
of crime concerning financial security of inadequacy
and other necessities to support life as factors to
criminality.
4. Socio-Cultural Approach – those that focused on
institutions, economic, financial, education, political,
and religious influences to crime.
THEORIES OF CRIMES AND PIONEERS
EFFECTIVE DETERRENCE:
• CELERITY / SWIFT – rapidly punish after commission of
crime.
• SEVERITY – complex / unpleasant sanction
• CERTAINTY – likelihood of the crime to be discovered /
detected and punished.
ROUTINE ACTIVITY THEORY
- Offenders make choices about whether or not to
commit a crime based on their access to their potential
victim / situation.
- Crime is a normal function of the routine activities
of modern living; offenses can be expected if there is a
motivated offender and a suitable target that is not
protected by a capable guardians.
LIFE STYLE THEORY
- The lifestyle theory maintains that criminals target
individuals due to their lifestyle choices.
- Many victim’s options expose them to criminal
offenders and situations where crime is likely to occur.
- People may become crime victims because their
lifestyle increases their exposure to criminal offenders
INCAPACITATION THEORY
- Reductions in crime rates are achieved through higher
imprisonment rates since the offender cannot commit new crimes
while incarcerated.
- If more criminals are sent to prison the crime, the crime rate
should go down; keeping known criminals out of circulation. This
theory supported on the idea of imprisonment of criminals.
Neo-Classical
- Argued that situations or circumstances that made it
impossible to exercise freewill are reasons to exempt the accused
from conviction.
- This school of thought maintains that while the classical
doctrine is correct in general, it should be modified in certain
details, that children and lunatics should not be regarded as
criminals and free from punishment, it must take into account
certain mitigating circumstances.
POSITIVIST
- It maintained that crime as any other act is a natural
phenomenon and is comparable to disaster or calamity. That
crime as a social and moral phenomenon which cannot be
treated and checked by the imposition of punishment but
rather rehabilitation or the enforcement of individual
measures.
- Criminals are like sick people who requires rehabilitation
rather than the imposition of punishment.
ITALIAN / POSITIVIST THEORY
- Analysis based on observable scientific facts
- Causes of behavior can be measured and observed
- Behaviors are imposed by biological and psychological
factors.
- human behavior is pre-disposed and fully determined by
individual differences and biological traits meaning it is not
freewill that drives people to commit crimes
CESARE LOMBROSO
The Italian leader of the positivist school of criminology, was criticized
for his methodology and his attention to the biological characteristics of
offenders, but is emphasis on he need to study offenders scientifically earned
him the “Father of Modern Criminology”.
KARYOTYPE STUDIES
- comparison and examination of chromosomes
KARYOTYPE
- the general appearance of the complete set of chromosomes
in the cells of a species or in an individual organism.
NATURE THEORY
- Intelligence is determined genetically and/or by
ancestors; and that low intelligence as demonstrated by
low IQ is linked to criminal behavior.
NURTURE THEORY
- It refers to all environmental variables that impact
who we are is determine with how we are raised, social
relationships, culture, and childhood experiences.
Family Studies
RICHARD LOUIS DUGDALE - studied Juke’s
HENRY GODDARD - coined the term MORON
- traced Martin Kallikak descendants
- Kallikak Family: A Study in the Heredity of
Feeblemindedness.
CHARLES GORING - criminal traits can be passed.
FRANCIS GALTON - developed EUGENICS – science of improving
human population by controlled breeding.
PSYCHOLOGICAL THEORIES
Fact-based ideas that describe a phenomenon of
human behavior and theories that attributes criminal
behavior to psychological factors, such as emotion and
mental problems. Sometimes called as psychogenic
approaches.
Psychodynamic Theory
- The Tripartite Personality – ID, EGO, SUPEREGO
Psychoanalytical Theory
Freud attributed delinquent and criminal behavior to a conscience
that is overbearing which arouses feelings of guilt or a conscience that is
so weak that it cannot control the individual’s impulses and the need for
immediate gratification his theory.
Crime is a symbolic expression of one’s inner tension which a
person but fails to control.
This theory suggests that human behavior is influenced by
unconscious memories, thoughts and urges.
It concentrates on awareness level combined with our experiences
in early childhood that together can form the basis of certain mental
disorders.
PERSONALITY IS COMPRISED OF THREE COMPONENTS:
A. ID – This stands for instinctual drives; it is governed by the “pleasure
principle”; the id impulses are not social and must be repressed or adapted so
that they may become socially acceptable.
B. EGO – This is considered to be the sensible and responsible part of an
individual’s personality and is governed by the “reality principle”; it is
developed early in life and compensates for the demand of the id by helping
the individual guide his actions to remain within the boundaries of accepted
social behavior; it is the objective, rational part of personality.
C. SUPEREGO – Serves as the “moral conscience” of an individual; it is
structured by what values were taught by the parents, the school and the
community, as well believed in God; it is largely responsible for making a
person follow the moral codes of society.
Human Mind has Three Levels of Awareness. These are the
Conscious (10%), Subconscious (50-60%), and Unconscious
(30-40%)
1. Conscious – Serves us the scanner for us causing to
perceive an event, trigger a need to react, and then depending
on the importance of the event, store it either in the unconscious
or the subconscious area of the human mind.
2. Subconscious – It is the storage point for any recent
memories needed for quick recall.
3. Unconscious – It is where all our memories and past
experiences reside.
Classes of Mental Deficiency
a. Idiot – person whose case there exist mental
defectiveness of such a degree that they are unable
to guard themselves against common physical
dangers. Their mentality is compared to a two years
person.
b. Imbeciles – persons in whose case there exist
mental defectiveness which thought not amounting
to idiocy, is yet so pronounced that they are
incapable of managing themselves or their affairs.
Their mentality is like a child of 2 to 7 years old.
c. Feebleminded Persons – those mental defectiveness
which thought not amounting to imbecility, is yet to
pronounced that they require care, supervision and
control for their own or for the protection of others, or in
the case of children, they appear to be permanently
incapable by reason of such defectiveness or receiving
proper benefit from the intrusion in ordinary schools.
d. Moral Defectiveness – person wherein defects
couples with strong vicious or criminal propensities, and
who require care and supervision, and control for their
own or for the protection of others.
PSYCHOSEXUAL DEVELOPMENT THEORY
1. ORAL STAGE
- infant's primary source of interaction occurs
through the mouth.
- infant derives pleasure from oral stimulation
through gratifying activities such as tasting and sucking.
2. Anal Stage
- the primary focus of the libido was on controlling
bladder and bowel movements.
toilet training — the child has to learn to control their bodily
needs. Developing this control leads to a sense of
accomplishment and independence.
3. PHALLIC STAGE
- the primary focus of the libido is on the genitals.
- OEDIPUS COMPLEX
- ELECTRA COMPLEX
4. LATENCY STAGE
- begins around the time that children enter into
school and become more concerned with peer
relationships, hobbies, and other interests.
5. GENITAL STAGE
- develops a strong sexual interest in the opposite
sex.
- interest in the welfare of others grows during this
stage
IF PSYCHOSEXUAL STAGES AREN’T GRATIFIED?
FIXATED PERSON
- exhibits behavior, traits, characteristics of those
encounter during the stages.
- arrested in development or adjustment
- fastened or held in one place
BEHAVIORAL THEORY
Human behavior is developed through gaining and
learning experiences while growing up.
The children learn violence from others, it is seen that the
children learn most of the acts from movies and try to apply
them in real world.
Three types of behavioral learning
1. Classical Conditioning
2. Operant Conditioning
3. Observational Learning
COGNITIVE THEORY
- focuses on how people perceive the world and how
this perception governs their actions, thoughts and
emotions.
- break down the process into three levels of what is
called “moral development.”
Moral Development Theory
– It suggested that people travel through stages of
moral development and that it is possible that serious
offenders have a moral orientation that differs from those
law abiding citizen.
PRE-CONVENTIONAL LEVEL
- how they learn the external consequences of their
actions.
CONVENTIONAL LEVEL
- begin to base behavior on society’s views and
expectations.
POST-CONVENTIONAL LEVEL
- judging the moral worth of societal values and rules and
how they relate to values of liberty, human welfare and human
rights (law).
Intergenerational Theory
- Intergenerational transmission refers to the
socialization and social learning that helps to explain the
ways in which children growing up in a violent family learn
roles and subsequently, may play out the roles of victim or
victimizer in their own adult families.
- It stated that criminal and antisocial parents tend to
have delinquent and antisocial children. The concept of
intergenerational transmission is also used by social
scientists who conduct research on family violence.
Alternative Theory
It beats the famous saying, “OPPOSITE CHARGES
ATTRACTS”. It focuses on assertive meeting;
Female offender tend to cohabit with or get married to
male offenders.
In a study in New Zealand, Robert F. Krueger and his
colleagues found that several partners tended to be similar
in their self-reported anti-social behavior. Children with two
criminal parents are likely to be disproportionally antisocial.
There are two main classes of explanations concerning
similar people tend to get married , cohabit, or become
sexual partners.
1. Social Homogamy – convicted people tend to
choose each other as mates because of physical and
social proximity; they meet each other in the same schools,
neighborhood, clubs, pubs, and so on.
2. Phenotypic Assortment – people examines each
other’s personality and behavior and choose partners who
are similar to themselves.
Eysenck’s Conditioning Theory
– claims that all human personality may be seen
three dimensions such as;
a. Psychoticism – aggressive, egocentric and
impulsive.
b. Extroversion – sensation-seeking, dominant and
assertive.
c. Neuroticism – having low self-esteem, excessive
anxiety and wide mood swings.
Integrated Theory
This theory was proposed by James Q. Wilson and
Richard Julius Herrnstein which explain predatory street
crime by showing how human nature develops from the
interplay of psychological, biological and social factors. Its
main concept is that the interaction of genes with
environment that some individuals form the kind of
personality to commit crimes.
They stated that the factors that pushed the individuals
to commit crimes are intelligent quotient, body build, genetic
make up, impulsiveness, and even those mothers who drink
who drink and smoke while pregnant.
Maternal Deprivation and Attachment Theory
– it explains that child needs warmth and affection
from his/her mother or mother substitute.
- Edward John M. Bowlby devised this theory who
expressed the notion that child needs warmth and
affection from his/her mother or mothers substitute.
Bowlby emphasized that the most important
phenomenon to social development takes place after the
birth of any mammal and that is the construction of an
emotional bond between the infant and his attachment
affects the capacity to be affectionate and to develop
intimate relationships with others.
SOCIOLOGICAL THEORIES
These theories explain how a certain individual
acquires criminal behavior; describes how the
agents of socialization such as family, environment,
schools, mass media, and peer groups contribute to
the behavior of a specific individual; and would
manifest as to how a person responded or reacted
to the conduct displayed by other persons whom
they socialized with.
Anomie Theory
It focused on the sociological point of the positivist school,
which explains that the absence of norms in a society provides
a setting conductive to crimes other anti-social acts. According
to him, the explanation of human conduct lies not in the
individual but in the group and the social organization.
Anomie arises more generally from a mismatch between
personal or group standards and wider social standards, or from
the lack of social ethic, which produces moral deregulation and
an absence of legitimate aspirations.
Theory of Imitation
According to this theory, individuals imitate the
behavior of other individuals based on the degree of their
association with other individuals and it is inferior or weak
who tend to imitate he superior and strong.
It is explained by the following patterns:
a. Pattern 1 : individuals imitate others in proportions to the
intensity and frequency of their contact.
b. Pattern 2: inferiors imitate superiors
c. Pattern 3: when two behavior patterns clash, one may take
the place of the other.
Cartographic and Geographical school of Thought
The phenomenon of crime is closely related with the
geography, climate and altitude of place where crime takes
place.
Thermic Law
Which is certain types of crimes are so linked with
geographical conditions that these occur in a particular climate
at a particular area not in others.
Equatorial Law
The rate of crime is very high in areas on or
near the equator. The climate on equator is
intensely hot and humid and this renders
people irritable and tempers are frayed.
Concentric Zone Theory
The theory is comprising a series of 5 concentric
circles or zones, and that there were stable and significant
differences in interzone crime rates. The areas of heaviest
concentration of crime appeared to be the transitional
inner-city zones, where large numbers of foreign-born
citizens had settled. The zones farthest from the city’s
center had lower crime rates.
Human Ecology Theory
The study of the interrelationship of people
and their environment. This theory maintains that
crime is a function of social change that occurs along
the environmental change. It also maintains that the
isolation, segregation, competition, conflict, social
contract, interaction and social hierarchy of people
are the major influences of criminal behavior and
crimes.
MODERN SOCIOLOGICAL THEORIES